The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Antique auto.
Passenger cars or trucks that were manufactured in 1925 or before, or which become 35 or more years old.
Collector.
The owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for his own use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest.
Demolisher.
Any person whose business is to convert a motor vehicle into processed scrap or scrap metal, or otherwise to wreck or dismantle motor vehicles.
Garagekeeper.
An owner or operator of a storage facility.
Junked vehicle.
A vehicle that is self propelled and:
(1) 
Does not have lawfully attached to it:
(A) 
An unexpired license plate; and
(B) 
A valid motor vehicle inspection certificate; and
(2) 
Is:
(A) 
Wrecked, dismantled or partially dismantled, or discarded; or
(B) 
Inoperable and has remained inoperable for more than:
(i) 
72 consecutive hours, if the vehicle is on public property; or
(ii) 
30 consecutive days, if the vehicle is on private property.
Motor vehicle.
A vehicle that is subject to registration under V.T.C.A., Transportation Code chapter 501.
Public safety department.
The state department of public safety, the public safety department of the city or the sheriff or constable of the county.
Special interest vehicle.
A motor vehicle of any age which has not been altered or modified from original manufacturer’s specifications and, because of its historic interest, is being preserved by hobbyists.
Storage facility.
A garage, parking lot, or any type of facility or establishment for the servicing, repairing, storing or parking of motor vehicles.
(1996 Code, sec. 82-272; Ordinance adopting Code)
For the purposes of this article, a motor vehicle is abandoned if the motor vehicle:
(1) 
Is inoperable, is more than five years old, and has been left unattended on public property for more than 48 hours;
(2) 
Has remained illegally on public property for more than 48 hours;
(3) 
Has remained on private property without the consent of the owner or person in charge of the property for more than 48 hours; or
(4) 
Has been left unattended on the right-of-way of a designated county, state, or federal highway for more than 48 hours or on a turnpike project constructed and maintained by the state turnpike authority for more than 12 hours.
(1996 Code, sec. 82-273)
(a) 
The public safety department may take into custody an abandoned motor vehicle, watercraft, or outboard motor found on public or private property.
(b) 
The public safety department may use agency personnel, equipment, and facilities or contract for other personnel, equipment, and facilities to remove, preserve, and store an abandoned motor vehicle, watercraft, or outboard motor taken into custody by the department under this article.
(1996 Code, sec. 82-274)
(a) 
The public safety department shall send notice of abandonment to:
(1) 
The last known registered owner of each motor vehicle, watercraft, or outboard motor taken into custody by the department or for which a report is received under section 30.04.008; and
(2) 
Each lienholder recorded under V.T.C.A., Transportation Code chapter 501, for the motor vehicle or under V.T.C.A., Parks and Wildlife Code chapter 31, for the watercraft or outboard motor.
(b) 
The notice under subsection (a) must:
(1) 
Be sent by certified mail not later than the tenth day after the date the agency:
(A) 
Takes the abandoned motor vehicle, watercraft, or outboard motor into custody; or
(B) 
Receives the report under section 30.04.008;
(2) 
Specify the year, make, model, and identification number of the item;
(3) 
Give the location of the facility where the item is being held;
(4) 
Inform the owner and lienholder of the right to claim the item not later than the 20th day after the date of the notice on payment of:
(A) 
Towing, preservation, and storage charges; or
(B) 
Garagekeeper’s charges and fees under section 30.04.009; and
(5) 
State that failure of the owner or lienholder to claim the item during the period specified by subsection (4) of this subsection is:
(A) 
A waiver by that person of all right, title, and interest in the item; and
(B) 
Consent to the sale of the item at a public auction.
(c) 
Notice by publication in one newspaper of general circulation in the area where the motor vehicle, watercraft, or outboard motor was abandoned is sufficient notice under this section if:
(1) 
The identity of the last registered owner cannot be determined;
(2) 
The registration has no address for the owner; or
(3) 
The determination with reasonable certainty of the identity and address of all lienholders is impossible.
(d) 
Notice by publication:
(1) 
Must be published in the same period that is required by subsection (b) of this section for notice by certified mail and contain all of the information required by that subsection; and
(2) 
May contain a list of more than one abandoned motor vehicle, watercraft, or outboard motor.
(1996 Code, sec. 82-275)
The consequences and effect of failure to reclaim an abandoned motor vehicle shall be as set forth in a valid notice given pursuant to this section.
(1996 Code, sec. 82-276)
(a) 
If an abandoned motor vehicle, watercraft, or outboard motor is not claimed under section 30.04.004:
(1) 
The owner or lienholder:
(A) 
Waives all rights and interests in the item; and
(B) 
Consents to the sale of the item by public auction; and
(2) 
The public safety department may sell the item at a public auction or use the item as provided by V.T.C.A., Transportation Code section 683.016.
(b) 
Proper notice of the auction shall be given. A garagekeeper who has a garagekeeper’s lien shall be notified of the time and place of the auction.
(c) 
The purchaser of a motor vehicle, watercraft, or outboard motor:
(1) 
Takes title free and clear of all liens and claims of ownership;
(2) 
Shall receive a sales receipt from the public safety department; and
(3) 
Is entitled to register the motor vehicle, watercraft, or outboard motor and receive a certificate of title.
(1996 Code, sec. 82-277)
(a) 
The public safety department is entitled to reimbursement from the proceeds of the sale of an abandoned motor vehicle, watercraft, or outboard motor for:
(1) 
The cost of the auction;
(2) 
Towing, preservation, and storage fees resulting from the taking into custody; and
(3) 
The cost of notice or publication as required by section 30.04.004.
(b) 
After deducting the reimbursement allowed under subsection (a) of this section, the proceeds of the sale shall be held for 90 days for the owner or lienholder of the vehicle.
(c) 
After the period provided by subsection (b) of this section, proceeds unclaimed by the owner or lienholder shall be deposited in an account that may be used for the payment of auction, towing, preservation, storage, and notice and publication fees resulting from taking other vehicles, watercraft, or outboard motors into custody if the proceeds from the sale of the other items are insufficient to meet those fees.
(d) 
The city may transfer funds in excess of $1,000.00 from the account to the city’s general revenue account to be used by the public safety department.
(1996 Code, sec. 82-278)
(a) 
A motor vehicle is abandoned if the vehicle is left in a storage facility operated for commercial purposes after the tenth day after the date on which:
(1) 
The garagekeeper gives notice by registered or certified mail, return receipt requested, to the last known registered owner of the vehicle and to each lienholder of record of the vehicle under V.T.C.A., Transportation Code chapter 501, to remove the vehicle;
(2) 
A contract for the vehicle to remain on the premises of the facility expires; or
(3) 
The vehicle was left in the facility, if the vehicle was left by a person other than the registered owner or a person authorized to have possession of the vehicle under a contract of use, service, storage, or repair.
(b) 
If notice sent under subsection (a)(1) of this section is returned unclaimed by the post office, substituted notice is sufficient if published in one newspaper of general circulation in the area where the vehicle was left.
(c) 
The garagekeeper shall report the abandonment of the motor vehicle to a public safety department and shall pay a fee as provided in appendix A to this code to be used by the public safety department for the cost of the notice required by this article or other cost incurred in disposing of the vehicle. A fee paid to the state department of public safety shall be used to administer this article.
(d) 
The garagekeeper shall retain custody of an abandoned motor vehicle until the public safety department takes the vehicle into custody under V.T.C.A., Transportation Code section 683.034.
(1996 Code, sec. 82-279; Ordinance adopting Code)
(a) 
A garagekeeper who acquires custody of a motor vehicle for a purpose other than repair is entitled to towing, preservation, and notification charges and reasonable storage fees, in addition to storage fees earned under a contract, for each day:
(1) 
Not to exceed five days, until the notice described by section 30.04.008(a) is mailed; and
(2) 
After notice is mailed, until the vehicle is removed and all accrued charges are paid.
(b) 
A garagekeeper who fails to report an abandoned motor vehicle to the public safety department within 48 hours after it has been abandoned may not claim reimbursement for storage of the vehicle.
(c) 
This article does not impair any lien that a garagekeeper has on a vehicle except for the termination or limitation of claim for storage for the failure to report the vehicle to the public safety department.
(1996 Code, sec. 82-280)
A person may apply to the state department of transportation for authority:
(1) 
To sell, give away, or dispose of a motor vehicle to a motor vehicle demolisher if:
(A) 
The person owns the motor vehicle and the certificate of title to the vehicle is lost, destroyed, or faulty; or
(B) 
The vehicle is an abandoned motor vehicle and is:
(i) 
In the possession of the person; or
(ii) 
Located on property owned by the person; or
(2) 
To dispose of a motor vehicle to a motor vehicle demolisher for demolition, wrecking, or dismantling if:
(A) 
The abandoned motor vehicle:
(i) 
Is in the possession of the person;
(ii) 
Is more than eight years old;
(iii) 
Has no motor or is otherwise totally inoperable; and
(iv) 
Was authorized to be towed by a public safety department; and
(B) 
The public safety department approves the application.
(1996 Code, sec. 82-281)
This article shall not apply to:
(1) 
A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from a street or other public or private property;
(2) 
A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer on a properly zoned lot or tract, or a properly zoned junkyard; or
(3) 
Unlicensed, operable or inoperable antique and special interest vehicles stored by a collector on his property, provided that the vehicles in the outdoor storage area are maintained in an orderly manner and do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means.
(1996 Code, sec. 82-284)
Any person violating the provisions of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided in section 1.01.013, except as otherwise provided in this article. The court shall order removal and abatement of the nuisance.
(1996 Code, sec. 82-285)
A junked vehicle, including a part of a junked vehicle, that is visible from a public place or public right-of-way:
(1) 
Is detrimental to the safety and welfare of the public;
(2) 
Tends to reduce the value of private property;
(3) 
Invites vandalism;
(4) 
Creates a fire hazard;
(5) 
Is an attractive nuisance creating a hazard to the health and safety of minors;
(6) 
Produces urban blight adverse to the maintenance and continuing development of the city; and
(7) 
Is a public nuisance.
(1996 Code, sec. 82-301)
(a) 
A person commits an offense if the person maintains a public nuisance described by section 30.04.031.
(b) 
An offense under this section is a misdemeanor punishable by a fine not to exceed $200.00.
(c) 
The court shall order abatement and removal of the nuisance on conviction.
(1996 Code, sec. 82-303)
(a) 
Whenever any such junked vehicle is located on any premises within the city in violation of this division, the city administrator shall order the owner of the premises whereon such public nuisance exists, to abate or remove the same. Such order shall:
(1) 
Be in writing.
(2) 
State the nature of the public nuisance and that it must be removed and abated within ten days after issuance of notice.
(3) 
Advise the owner or occupant of the premises that such person may request a hearing to determine whether or not the motor vehicle is a junked motor vehicle by filing a written application for such hearing with the clerk of the municipal court before the expiration of such ten-day period.
(4) 
Advise the owner of the premises or occupant thereof that if no request for a hearing is received before the expiration of the ten-day period it shall be conclusively presumed that such vehicle is a junked vehicle as defined under state law and city ordinance.
(5) 
If the junked vehicle is on private property, such notice shall be served upon the occupant of the premises, if occupied, by certified mail with a five-day return receipt requested; or served upon the owner by sending such notice to the address shown on the city’s tax rolls for the owner of the premises by registered or certified mail, five-day return receipt requested. If the junked vehicle is on public property, such notice shall be served by sending such notice to the address of the property adjacent to the public right-of-way addressed to the occupant or owner thereof by certified mail, five-day return receipt requested.
(b) 
The notice shall also be served upon:
(1) 
The last known registered owner of the nuisance.
(2) 
Each lienholder of record of the nuisance.
(c) 
If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, hand delivered.
(d) 
If notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the 11th day after the date of the return.
(e) 
If the owner or occupant of the premises does not request a public hearing, and either fails or refuses to comply with the notice of the city administrator within ten days after issuance of the notice, or if the notice as hereinabove provided is returned undelivered by the United States Postal Service, a peace officer, when authorized by search warrant, shall take possession of such junked motor vehicle and remove it from the premises no sooner than ten days from the date such return is made.
(f) 
Within five days after the date of removal of the vehicle the city administrator shall give notice to the state department of transportation identifying the vehicle or part thereof removed.
(1996 Code, sec. 82-303)
(a) 
The municipal court shall conduct hearings under the procedures adopted under this division.
(b) 
If a hearing is requested by a person for whom notice is required under section 30.04.033(a), the hearing shall be held not earlier than the 11th day after the date of the service of notice.
(c) 
At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(d) 
If the information is available at the location of the nuisance, an order requiring removal of the nuisance must include the vehicles:
(1) 
Description;
(2) 
Vehicle identification number; and
(3) 
License plate number.
(1996 Code, sec. 82-304)
Junked vehicles or parts thereof may be disposed of by removal to a scrapyard, demolishers, or any suitable site operated by the city or county for processing as scrap or salvage provided that the vehicle shall not be reconstructed or made operable. The city may operate such a disposal site when the council determines that commercial channels of disposition are not available or are inadequate, and it may make final disposition of such vehicles or parts, or the city may transfer such vehicles or parts to another, provided such disposal shall be only as scrap or salvage.
(1996 Code, sec. 82-305)
(a) 
Any peace officer may enter private property to examine a public nuisance, to obtain information to identify the nuisance, and to remove or direct the removal of the nuisance.
(b) 
The municipal court shall have authority to issue all orders necessary to enforce this division.
(1996 Code, sec. 82-306)
Procedures for abatement and removal of a public nuisance must be administered by regularly salaried, full-time employees of the city, except that any authorized person may remove the nuisance.
(1996 Code, sec. 82-307)